Catholic Church sues insurers as opening for filing lawsuits under Child Victims Act draws near

The New York Archdiocese has sued its insurance companies to demand legal protection and coverage as it braces for exposure it will face once sex abuse victims begin filing lawsuits next month under New York’s Child Victims Act. (Richard Drew/AP)

The New York Archdiocese has sued its insurance companies to demand legal protection and coverage as it braces for exposure it will face once sex abuse victims begin filing lawsuits next month under New York’s Child Victims Act.

The complaint by the archdiocese, filed last week in Manhattan Supreme Court, lists more than two dozen insurers as defendants, and claims "the insurers ... intend to dispute, limit and/or deny coverage for claims and lawsuits alleging sexual abuse and physical abuse.” Several of the defendants listed in the complaint are members of the Chubb Group of Insurance Companies.

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Archdiocese spokesman Joseph Zwilling said the lawsuit against the insurers seeks “to hold insurance companies to the policies they issued.” He said the action followed a decision by Chubb to deny a claim against the archdiocese. “This leaves the Archdiocese with no choice but to commence a lawsuit to ask the court to order Chubb to stand behind their insurance policies," Zwilling said.

Michael Pfau, a lawyer whose firm represents 50 alleged victims within the archdiocese and 500 victims around the state, said the lawsuit seems to show the church is getting ready to absorb significant legal fees and liabilities over abuse claims.

“It’s not uncommon for the insurance companies — at least initially — to balk at paying,” Pfau said. “This is a very positive step. We want to see the archdiocese secure coverage.”

In February, Gov. Cuomo signed the Child Victims Act, extending the statute of limitations so sexual abuse victims in the state have more time to seek criminal charges or sue their tormentors. Victims now have until age 55 to file civil lawsuits and seek criminal charges until age 28, as opposed to 23 under the old statute.

Among other provisions, the law includes a one-year “look-back window” that allows those who weren’t able to sue in the past to file fresh claims. That window opens in August.

“It is an acknowledgement that the Archdiocese of New York has enormous potential exposure,” Pfau said. “The statute of limitations is the major defense they use around the country. They cannot assert that here.”